This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon

Drugs - Pseudoephedrine - Import Commercial Quantity

s.307.11 Criminal Code (Cth)

Import commercial quantity precursor with intent to use substance to manufacture controlled drug or believing another person will use substance to manufacture controlled drug

Maximum penalty – 25 years

Commercial quantity 1.2kg

Case(age if known)

Offence

Amount

Plea

Priors

Sentence

Appeal

Facts

Jalalaty

(48)

[2010] NSWSC 1561

James J

Co-offender:

STANDEN

KINCH

Conspiracy to import comm qty

300kg

PG

(approx 40% plea and assist))

nil

10y

NPP 6y

Attempt to import at least 300kg pseudoephedrine from Pakistan in containers of rice – rice delivered to offender's food distribution business - no drugs actually imported – a principal but lesser role than co-offender – naïve and inexperienced – to some extent taken advantage of by co-offenders

Standen

[2011] NSWSC 1422

James J

[2015] NSWCCA 211

Co-offender:

JALALATY

KINCH

Conspiracy to import comm qty

Knowingly take part in supply lge comm qty

Att pervert course of justice

300kg

VG

Nil

18y

NPP 12y

22y

NPP 16y

FT 3y 6m

(concurrent)

AD

High ranking police officer became involved in attempt to import at least 300kg pseudoephedrine from Pakistan concealed in rice containers – no drugs actually imported - supply offence involved attempt by co-offender to take possession of drugs presumed to have been imported – principal – used knowledge and experience as police officer to provide advice and make inquiries as to investigations

Drugs imported from Thailand concealed as juice boxes – controlled delivery – drugs picked up and transported to warehouse owned by Wilson –principal – importation planned and well organised over period of time

7 year delay – effect on family – strict bail conditions taken into account – metal and physical health issues

Kinch

(57 at sentence)

[2015] NSWSC 63

Hidden J

Co-offender:

JALALATY

STANDEN

Consp import MDMA

s.233B(1)(cb)

Consp import MDMA

ss.233B(1)(b) / 11.5

Money Laundering

Consp import pseudoephedrine

ss.307.11 / 11.5

At least 200kg

300kg

PG

30%- plea and assist

PG

20% - plea and assist

Record in England – burglary and robbery – no drugs

22y 6m

7y

(partly cumulative)

14y 6m

NPP 10y

(concurrent)

Total:

24y 6m

NPP 16y

2001-2003 – two charges part of one conspiracy reflecting change in legislation – involved with Dutch syndicate to import MDMA – drugs imported on several occasions in PVC piping – senior and trusted member – supervisor of others – collected large amounts of money and sent it overseas

Conspiracy over 6 months to bring drugs through airport using corrupt customs officers and baggage handlers – drugs brought in on four occasions - involved in organisation of highly sophisticated operation – responsible for provision of bags to couriers, movement of drugs once left airport and payment of those involved